CHILDREN AND THE LAW
...Dependency Petitions
......Dispositional Hearing
.........Guardianship
6 Cards On This Topic:

Abuse of discretion to order filing of W&IC 300 petition without considering whether it was necessary to protect C, and error to deny mother's motion akin to demurrer challenging petition where C was in stable guardianship.

Juvenile court erred in appointing stepGM legal guardian of Cs under W&IC 360 to avoid requirements of W&IC 361.4 where stepGM had a criminal record and was denied exemption; court should have held W&IC 366.26 hrg.

F was entitled to waive reunification services and request legal guardianship order for Cs—juv. court had discretion to do so and then order assessment report as mother had not yet explicitly waived her right to services.

Guardian/father atty was properly awarded atty fees where suspended trustee brought objections to guardian's accounting in bad faith and without reasonable cause under CCP 631.8.

W&IC 387 controls when termination of guardianship will lead to Cs being placed in foster care; W&IC 366.3 requires that maintenance services for grandfather be considered before guardianship terminated.

Appointment of legal guardian under W&IC 360 is not subject to criminal records exemption requirement of W&IC 361.4.